Research › Search › Judgment

High Court of Orissa · body

2025 DAILYLAW 24331 (ORI)

NARAYAN PRADHAN v. STATE OF ODISHA

BLAPL/3265/2025 · 2025-05-05

S K Panigrahi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 3265 of 2025 Narayan Pradhan ..…... Petitioner Mr. Santosh Ku. Mahanty, Adv. -Versus- State of Odisha …… Opposite Party Mr. Sonak Mishra, ASC CORAM: DR. JUSTICE S.K. PANIGRAHI ORDER 05.05.2025 Order No. 01. F.I.R No. Dated Police Station Case No. and Courts’ Name Sections 159 22.02.2025 Kabisuryana gar G.R. Case No.158 of 2025 pending in the Court of learned J.M.F.C., Kabisuryanagar Section- 140(2), 115 (2), 351(2)/ 3 (5) of the BNS, 2023. 1. This matter is taken up through a hybrid arrangement. 2. The Petitioner, who is in custody in connection with Kabisuryanagar P.S. Case No. 159 of 2025, corresponding to G.R. Case No.158 of 2025 pending in the Court of learned J.M.F.C., Kabisuryanagar, and registered for the alleged commission of offences under Section 304(2) BNS, 2023, has filed this petition seeking his release on bail. 3. The brief fact of the case is that on 19.02.2025 at about 4.00 P.M. two persons came to her house and called the husband of the informant and they both took him with them. Thereafter, she searched for her husband and on next day i.e. on 20.02,2025, then her daughter received a video message in which she saw that her husband was assaulted by two persons. When she kept contact with these persons over phone, they demanded Rs.1,50,000/- to release her husband. Subsequently they came to village Dunguri where the Petitioner along with another Pathani Gouda found to be detained her husband. Hence, this case. 4. Mr. Achyutananda Pattnaik, learned counsel appearing for the Informant submits that in the meantime, the matter has already been settled between them. He has no objection, if the bail of the Petitioner is granted. 5. Considering the no objection of the Informant, this Court is of the view that the Petitioner should be granted bail by the learned court in seisin over the matter, subject to stringent terms and conditions. The conditions are as follows:- i. The Petitioner shall appear before the local Police Station on every Monday in between 10 A.M. to 1.00 P.M. ii. The Petitioner shall not indulge himself in any criminal offence while on bail; iii. The Petitioner shall not tamper with the evidence or intimidate the prosecution witnesses in any manner; and iv. The Petitioner, after the onset of monsoon shall plant 100 saplings of local varieties, such as mango, neem, tamarind, etc., around his village on Government land, community land, or private land at Kabisuryanagar in the possession of the Petitioner or his family members. In the event that suitable land is unavailable, the Revenue Authority shall assist in identifying the land for plantation. Violation of any of the above conditions shall lead to the cancellation of the bail. 7. The I.I.C. of the concerned Police Station, in coordination with the local Forest Officer, shall monitor whether the Petitioner has planted the saplings or not. 8. It is further made clear that the Petitioner shall file an affidavit after the plantation of the saplings before the local Police Station, assuring that he shall maintain those plants for two years. 9. The District Nursery/D.F.O. shall extend a helping hand by supplying the saplings to the Petitioner. 10. The BLAPL is accordingly disposed of. (Dr. S.K. Panigrahi) Judge Narayan